Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Mobasi platform and related services provided by Mesa Intelligence, LLC (dba "Mobasi," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. Where you have entered into a Master Service Agreement (MSA) or other written agreement with Mobasi, the terms of that agreement control to the extent they conflict with these Terms.

1. Services

Mobasi provides a control-plane platform that enables organizations to run AI-assisted investigations on their own workstations, with tenant-isolated access to third-party AI model providers (currently Anthropic, OpenAI, and Google Cloud Vertex AI). Access to the platform is currently available by invitation or through an approved account.

2. Account Registration

You must provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must notify us immediately at security@mobasi.ai if you suspect unauthorized access.

3. Acceptable Use

You agree to use the platform in compliance with all applicable laws and regulations. Specifically, you will not:

(a) Unauthorized Access: Attempt to gain unauthorized access to any part of the platform or its infrastructure, use automated tools to access or analyze the platform without permission, or attempt to bypass authentication or security controls.

(b) System Integrity: Interfere with, disrupt, or degrade the integrity or performance of the services, or conduct denial-of-service attacks or similar activities.

(c) Intellectual Property: Reverse-engineer, decompile, or disassemble any part of the platform, or create derivative works or competitive products based on our technology.

(d) Malicious Activities: Use the services to transmit malware or other malicious code, conduct phishing or social engineering, or engage in fraud or unauthorized access to third-party systems.

(e) AI-Specific Prohibited Uses: You will not use the platform to:

• Generate content intended to create malware or exploits.
• Generate child sexual abuse material (CSAM) or non-consensual intimate images.
• Enable discrimination based on protected characteristics.
• Conduct large-scale automated harassment or spam.
• Deceive others through deepfakes without clear disclosure.
• Engage in model poisoning, adversarial attacks, or attempts to compromise AI models.
• Infringe third-party intellectual property using AI outputs.
• Circumvent content policies of underlying AI providers.

(f) Resale: Resell, sublicense, redistribute, or timeshare access to the services without our written consent.

(g) Data Violations: Transmit data you do not own or lack permission to process, or violate the privacy rights or intellectual property of any third party.

Mobasi reserves the right to suspend or terminate accounts that violate this policy, with notice except in cases of immediate security threats.

4. Customer Data

You retain all rights in data you submit to the platform ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the services. We will not access, use, or disclose Customer Data except as necessary to deliver the services, comply with law, or as otherwise set forth in your service agreement and our Privacy Policy.

Because the Mobasi agent runs on your own workstation, Customer Data stored by Mobasi is limited to account and billing metadata. Substantive investigation data does not transit or reside on Mobasi-operated servers.

Customer Data submitted for AI processing is transmitted to third-party AI model providers as described in our Privacy Policy. Mobasi maintains Zero Data Retention (ZDR) agreements with its AI model providers — Customer Data is not stored, logged, retained, or used for model training by any AI provider beyond the duration of the API request.

A Data Processing Addendum (DPA) is available upon request. Contact legal@mobasi.ai.

5. Intellectual Property

The platform, including its software, design, documentation, and trademarks, is the property of Mesa Intelligence, LLC. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the services as permitted.

6. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform scheduled maintenance, and services may be temporarily unavailable due to circumstances beyond our control. We will make reasonable efforts to notify you of planned downtime. Specific service level commitments, if any, are set forth in your MSA or service agreement.

7. Fees and Payment

Fees for the platform are set forth in your service agreement or order form and are exclusive of applicable taxes. Unless otherwise agreed, fees are billed in advance and are non-refundable except as required by law. We may change pricing with 30 days' written notice. Continued use after a pricing change constitutes acceptance. You are responsible for any applicable sales tax, VAT, or similar taxes.

8. Confidentiality

Each party agrees to protect the other's confidential information using the same degree of care it uses for its own confidential information, but no less than reasonable care. Each party will limit access to employees, contractors, and advisors who need to know and are bound by confidentiality obligations.

Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, was known to the receiving party prior to disclosure, is independently developed without reference to the disclosing party's confidential information, or is required to be disclosed by law or court order (with prompt notice to the disclosing party where permitted).

Upon termination or request, each party shall return or certify destruction of confidential information (except as required by law or for backup purposes). Confidentiality obligations survive termination for 3 years.

9. Limitation of Liability

To the maximum extent permitted by law, Mobasi's total aggregate liability under these Terms shall not exceed the amounts paid by you to Mobasi in the twelve months preceding the claim. Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or data, regardless of the theory of liability. These limitations do not apply to breaches of confidentiality obligations, either party's indemnification obligations, breaches of data security obligations or unauthorized access to Customer Data, willful misconduct or fraud, or violations of applicable law that cannot be limited by contract.

10. Disclaimer of Warranties

The services are provided "as is" and "as available." We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or secure.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mobasi, its officers, and contractors from any third-party claims, damages, and reasonable costs (including reasonable attorneys' fees) arising from your use of the services in violation of these Terms, your violation of any applicable law, or Customer Data you submit that infringes third-party rights.

Mobasi agrees to indemnify, defend, and hold harmless you from any third-party claims that the platform infringes a third-party's intellectual property rights, or that arise from Mobasi's unauthorized disclosure of Customer Data. The indemnified party must promptly notify the indemnifying party of any claim, grant the indemnifying party sole control of defense and settlement, and provide reasonable cooperation.

12. Termination

Either party may terminate these Terms with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms or if required by law. Upon termination, you may request export of your Customer Data in a standard machine-readable format for up to 30 days after termination. Mobasi will delete Customer Data within 90 days of termination in accordance with our Data Management Policy and Privacy Policy. Additional data handling provisions may be set forth in your MSA.

13. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Travis County, Texas, and both parties consent to jurisdiction and venue in such courts. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on our website at least 30 days before changes take effect. Your continued use of the services after changes take effect constitutes acceptance of the revised Terms.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if caused by circumstances beyond its reasonable control, including acts of God, war, government actions, major cloud infrastructure provider outages, widespread cyber attacks, pandemics, or labor disputes. The affected party must notify the other party without unreasonable delay and use reasonable efforts to mitigate the impact. If a force majeure event prevents performance for more than 30 consecutive days, the non-affected party may terminate the affected service without penalty.

16. General Provisions

Entire Agreement. These Terms, together with your MSA or signed service agreement (if any), our Privacy Policy, and any order form, constitute the entire agreement between you and Mobasi regarding the services and supersede any prior negotiations, representations, or agreements.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

Waiver. No failure or delay by either party in exercising any right under these Terms shall operate as a waiver thereof. Any waiver must be in writing.

Assignment. You may not assign or transfer your rights or obligations under these Terms without Mobasi's prior written consent. Mobasi may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets with 30 days' notice.

17. Contact

Questions about these Terms should be directed to legal@mobasi.ai.

Mesa Intelligence, LLC (dba Mobasi) Austin, Texas